INFORMED CONSENT

This informed consent is provided by Garden Genesis Pte. Ltd.,  to seek your acknowledgement and consent to this document, the risks and limitations of the services, and to our processing of your biological sample and information in connection with your purchased Service.

1. Definitions

(a) Garden Genesis (including its subsidiaries and affiliates, collectively as “we”, “us” and “our”) with principal place of business at 9 North Buona Vista Drive, The Metropolis Tower One, #02-01, Singapore 138588.

(b) "Service" or "Services" means Garden Genesis DNA Test(s), products, services, consultation and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.

(c) "Personal Information" is information that can be used to identify your child, either alone or in combination with other information. Garden Genesis collects and stores the following types of Personal Information:

(i) "Registration Information" is the information you provide about yourself and your child when registering for and purchasing our Services (e.g. name, phone number, email, address, user ID and password, and payment information).

(ii) "Genetic Information" refers to information regarding your child’s genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your child’s DNA sample by Garden Genesis or by its contractors, successors, providers, and assignees; or otherwise processed by and/or contributed to Garden Genesis.

(iii) "De-identified Information" refers to information that has been stripped of your child’s Registration Information (e.g., your child’s name and contact information) and other identifying data such that your child cannot reasonably be identified as an individual, also known as pseudonymized information.

(iv) "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Genetic Information generated by users of Garden Genesis Services and transmitted, whether publicly or privately, to or through Garden Genesis.

2. Description of DNA Testing Service:

(a) Buccal or saliva sample is collected for isolation and purification of DNA for genetic testing. No known or foreseeable risks or side effects are associated with buccal and saliva sampling procedures.

(b) While our laboratory adheres to international quality standards, we may not be able to process your child’s sample if the DNA sample does not contain a sufficient volume of DNA due to inadequate sampling, or the results from processing do not meet our standards for accuracy. You understand that a number of samples might require recollection, and should this occur, you do not need to pay extra cost for the first re-test. If the initial processing fails for any of these reasons, Garden Genesis will offer to send another kit to you to collect a second sample and reprocess the second sample at no charge. If the second attempt to process the second sample is unsuccessful, Garden Genesis will not send additional sample collection kits and you will be entitled solely and exclusively to a complete refund of the amount paid to Garden Genesis, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service.

(c) Garden Genesis or our service provider will discard your child’s saliva or buccal sample 30 days after it has been analysed.

3. Limitations of DNA Testing Service 

(a) Garden Genesis’s DNA test does not have decisive functions on the person’s psychological development; it only serves as a reference for you or your child’s learning approaches, education planning, or other development insights. The test results should not be used for making medical, health or any other decisions without consulting a medical professional. Always speak to your doctor and seek professional help before taking action.

(b)  Garden Genesis’s genetic testing provides only partial information about the tested traits. Other genetic and environmental factors, parenting, lifestyle choices, culture and social relationship also affect your or your child’s intelligences or potential.

(c)  Unexpected information that you receive about your or your child’s intelligences or potential, weakness may be stressful or upsetting.

(d)  Any assertions or recommendations in the report as to parenting approaches, learning activities, whether specific or general, are based on the following assumptions:

1. that you or your child are in a good state of health and do not have any medical problems that you are aware of;
2. that you or your child have not had any recurring illness in the past 12 months; 
3. that you or your child do not have any special needs or developmental disabilities condition;
4. that no medical practitioner has ever advised you or your child not to exercise;
5. that you or your child are not on any prescribed medication that may affect your or your child ability to exercise safely or your or your child’s diet;
6. that you  or your child do not have any food allergies; and
7. that there is no other reason why you or your child should not follow the assertions or recommendations in the report.

(e) Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New scientific evidence may replace or add to the algorithm’s database that was used to analyse your results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may, at its sole discretion, amend or modify your DNA Test report. This may result in a change in your assessment results. You hereby irrevocably waive any and all claims against us for any amendment or modification of DNA Test Report and corresponding services in accordance with our standard operating procedures.

4. Indemnity

(a) If you have submitted a DNA sample, you will defend and hold harmless Garden Genesis, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your or your child’s DNA sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party tools we provide. In addition, if you choose to provide your Individual Genetic and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless us, our employees, contractors, successors, affiliates, partners and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

(b) In no event shall Garden Genesis and its employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss. In any event, such liability (if any) of Garden Genesis to the User or any third party shall not exceed the sum (if any) hitherto paid by the User to Garden Genesis for access and use of Garden Genesis’s Services.

5. Disclaimer of Warranties You expressly acknowledge and agree that:

(a) Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranties whether express or implied.

(b) We make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (iii) the quality of any products, services, results, information, or other material purchased or obtained by you through the Services will meet your expectations and

(c) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS.

6. Limitation of Liability

(a) While every effort has been made to empower individuals taking the Garden Genesis DNA Testing or assessment, you are at all times responsible for any actions you take, or do not take, as consequence of the assertions or recommendation in the report, and you will hold Garden Genesis, its officers, employees, representatives, affiliates, partners and service providers, harmless against all losses, costs and expenses in this regard, subject to what is set out below.

(b) To the fullest extent permitted by law, neither Garden Genesis, nor its officers, employees, representatives, affiliates, partners and service providers will be liable for any claim, proceedings, loss or damage of any kind arising out of or in connection with acting, or not acting, on the assertions or recommendations in the report. This is a comprehensive exclusion of liability that applies to all damage and loss, including, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, howsoever arising, whether in tort (including negligence), contract or otherwise.

7. Acceptance of Terms

Your use of Garden Genesis's Services is subject to the terms of the legal agreement between you and Garden Genesis set forth in this Informed Consent and Garden Genesis’s  Terms of Service ("TOS").

(a) I agree to send my/my child’s buccal or saliva sample to Garden Genesis’s service providers in Singapore, as necessary for them to provide DNA testing in genotyping laboratory.

(b) I accept or agree to the Informed Consent and TOS, where this option is made available to me by Garden Genesis for any Service.

(c) I understand that Garden Genesis DNA Test or report is for research, informational, and educational use only. This test does not have decisive functions on the person’s psychological development; it only serves as a reference for his/her potential development or education planning. The test results should not be used for making medical, health or any other decisions without consulting a medical professional.

(d) I agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.